Dismissal is a major issue for distributive justice at work, because it normally has a drastic impact on an employee’s livelihood, self-esteem and future career. This article examines distributive justice under the US’s employment-at-will (EAW) system and New Zealand’s just-cause dismissal system, focusing on the three main categories of dismissal, namely misconduct, poor performance and redundancy. Under EAW, employees have limited protection from dismissal and remedies are restricted to just a few so-called exceptions. Comparatively, New Zealand’s just-cause system delivers much (...) more just outcomes, both in terms of remedies and punishments. Despite a few shortcomings, it should be considered as a reasonable reference for policy changes in the US. (shrink)

This study assesses the extent to which job application forms violate the New Zealand Human Rights Act. The sample for the study includes 229 job application forms, collected from a variety of large and small, public- and private-sector organizations that together employ approximately 200,000 workers. Two hundred and four or 88% of the job application forms contain at least one violation of the Act. One hundred and sixty five or 72% contain two or more and 140 or 61% contain three (...) or more violations. The most common violations concern age, gender, nationality, and disability. The least common concern political opinion, ethical belief, religious belief, and sexual orientation. Despite widespread violations, many forms do have non-discriminatory questions that yield the same kind of useful information as discriminatory questions. Employers could incorporate these into their job application forms to bring themselves into compliance with the law. The same lessons also generally apply to North American employers, given the high degree of comparability between American, Canadian, and New Zealand anti-discrimination laws. (shrink)

This paper explores the conduct of performance appraisals of nurses in a New Zealand hospital, and how fairness is perceived in such appraisals. In the health sector, performance appraisals of medical staff play a key role in implementing clinical governance, which, in turn, is critical to containing health care costs and ensuring quality patient care. Effective appraisals depend on employees perceiving their own appraisals to be fair both in terms of procedure and interaction with their respective appraiser. We examine qualitative (...) data from interviews and focus groups, involving 22 nurses in a single department, to determine whether perceived injustices impact on the effective implementation of the appraisal system. Our results suggest that particular issues had been causing some sense of injustice, and most of these were procedural. Potential solutions focus on greater formalisation of the performance appraisal process, and more training for appraisers and appraisees. (shrink)

Union security has long been an industrial relations controversy. While compulsory unionism supporters say it benefits the working class, right-to-work advocates denounce it as an unethical infringement of individual rights and freedom. Unfortunately, neither side has adequately addressed the shortcomings of their viewpoint, nor the broader worker concerns about effective representation beyond just "unionism". In this paper, we examine the ethical and practical problems of compulsory and voluntary unionism and propose a new resolution, compulsory proportional representation, that has the advantages (...) of: ensuring workers' freedom to associate or not associate, promoting freedom to contract, allowing free competition in representation in line with anti-trust principles, improving industrial peace and efficiency, enhancing fairness and social justice, and addressing the employer-employee power imbalance. It is superior to either voluntary unionism, which often lead to management unilateralism, or compulsory unionism, where workers are compelled to join unions against their will. (shrink)

The evidence suggests that employers discriminate against ex-offenders in the labour market. The problem is potentially serious as it involves a substantial proportion of the population, especially the male population. Since research has shown that most people with prior convictions stop offending by their late 20s or early 30s, the validity of selection based on criminal record remains questionable. This paper examines the need for legal protection of ex-offenders by limiting employers' access to, and use of, information on criminal background. (...) The rights and interests of the various parties involved, employers, ex-offenders, and the general public, are discussed. Approaches to the legal protection of ex-offenders in Australia are reviewed and legislative changes proposed. (shrink)

Three years before his death, Michel Foucault delivered a series of lectures at the Catholic University of Louvain that until recently remained almost unknown. These lectures—which focus on the role of avowal, or confession, in the determination of truth and justice—provide the missing link between Foucault’s early work on madness, delinquency, and sexuality and his later explorations of subjectivity in Greek and Roman antiquity. Ranging broadly from Homer to the twentieth century, Foucault traces the early use of truth-telling in ancient (...) Greece and follows it through to practices of self-examination in monastic times. By the nineteenth century, the avowal of wrongdoing was no longer sufficient to satisfy the call for justice; there remained the question of who the “criminal” was and what formative factors contributed to his wrong-doing. The call for psychiatric expertise marked the birth of the discipline of psychiatry in the nineteenth and twentieth centuries as well as its widespread recognition as the foundation of criminology and modern criminal justice. Published here for the first time, the 1981 lectures have been superbly translated by Stephen W. Sawyer and expertly edited and extensively annotated by Fabienne Brion and Bernard E. Harcourt. They are accompanied by two contemporaneous interviews with Foucault in which he elaborates on a number of the key themes. An essential companion to _Discipline and Punish_, _Wrong-Doing, Truth-Telling_ will take its place as one of the most significant works of Foucault to appear in decades, and will be necessary reading for all those interested in his thought. (shrink)

Hume's Reception in Early America: Expanded Edition brings together the original American responses to one of Britain's greatest men of letters, David Hume. Now available as a single volume paperback, this new edition includes updated further readings suggestions and dozens of additional primary sources gathered together in a completely new concluding section. From complete pamphlets and booklets, to poems, reviews, and letters, to extracts from newspapers, religious magazines and literary and political journals, this book's contents come from a wide variety (...) of sources published in colonial America and the early United States between 1758 and 1850. As well as classics by Thomas Jefferson, John Adams and Alexander Hamilton, it contains scores of unknown and hard-to-locate items, many of which have not been reprinted since their original publication. These responses are divided into four parts covering Hume's Essays; his Philosophical Writings; his History of England; and his Character and Death. Each of those parts has a separate introductory essay, and every selection is introduced by a short headnote that sets the piece in its historical context and provides bibliographical references. Packed with new insights into Hume and American thought and culture, Hume's Reception in Early America reveals the relevance and impact of Hume on American political, philosophical, historical, religious, and aesthetic debates. (shrink)

This two volume Handbook contains chapters on the main areas to which Post-Keynesians have made sustained and important contributions. These include theories of accumulation, distribution, pricing, money and finance, international trade and capital flows, the environment, methodological issues, criticism of mainstream economics and Post-Keynesian policies. The Introduction outlines what is in the two volumes, in the process placing Post-Keynesian procedures and contributions in appropriate contexts.

This two volume Handbook contains chapters on the main areas to which Post-Keynesians have made sustained and important contributions. These include theories of accumulation, distribution, pricing, money and finance, international trade and capital flows, the environment, methodological issues, criticism of mainstream economics and Post-Keynesian policies. The Introduction outlines what is in the two volumes, in the process placing Post-Keynesian procedures and contributions in appropriate contexts.

Prologue, invitation to thinking about God In the Hebrew Bible? -- Part I, questions about God? -- Why does God in the Bible have a body? -- What do God's body parts in the Bible mean? -- Why is God angry in the Bible? -- Does God in the Bible have gender or sexuality? -- Part II, questions about God in the world? -- What can creation tell us about God? -- Who-or what-is the Satan? -- Why do people suffer (...) according to the Hebrew Bible? -- Epilogue, God in the Bible and beyond. (shrink)

This paper offers a new way to make sense of disagreement expansion from a polylogical perspective by incorporating various places in addition to players and positions into the analysis. The concepts build on prior implicit ideas about disagreement space by suggesting how to more fully account for argumentative context, and its construction, in large-scale complex controversies. As a basis for our polylogical analysis, we use a New York Times news story reporting on an oil train explosion—a significant point in the (...) broader controversy over producing oil and gas via hydraulic fracturing. (shrink)

A specific issue for argumentation theory is whether information and communication technologies play any role in governing argument — that is, as parties engage in practical activities across space and time via ICTs, does technology matter for the interplay of argumentative content and process in managing disagreement? The case made here is that technologies do matter because they are not merely conduits of communication but have a role in the pragmatics of communication and argumentation. In particular, ICTs should be recognized (...) as communication-information services that are delegated degrees of responsibility for managing disagreements arising from practical activities. These services are organized around practical theories for designing disagreement space. However, recognizing this relationship between argument and technology requires accounting for procedures, techniques, or rules and speech acts that are not argumentative propositions in any strict sense but that are consequential for what becomes argumentation in any setting. An account about designing disagreement space, grounded in Jackson and Jacobs’s theory of Disagreement Management, is put forward to address these issues while more generally contributing to understanding argument in context. (shrink)

It is time to bring the rich resources of these traditions into the contemporary debate about the nature of self. This volume is the first of its kind.

Fitting Attitudes accounts of value analogize or equate being good with being desirable, on the premise that ‘desirable’ means not, ‘able to be desired’, as Mill has been accused of mistakenly assuming, but ‘ought to be desired’, or something similar. The appeal of this idea is visible in the critical reaction to Mill, which generally goes along with his equation of ‘good’ with ‘desirable’ and only balks at the second step, and it crosses broad boundaries in terms of philosophers’ other (...) commitments. For example, Fitting Attitudes accounts play a central role both in T.M. Scanlon’s [1998] case against teleology, and in Michael Smith [2003], [unpublished] and Doug Portmore’s [2007] cases for it. And of course they have a long and distinguished history. (shrink)

Since the 1960s, many artists have incorporated ecological concerns into their work, an endeavor that has required new strategies in art-making. To explore recent American manifestations of these interests, the David and Alfred Smart Museum commissioned new projects from artists Mark Dion, Peter Fend, and Dan Peterman, each focusing on interrelationships between particular organisms—human beings-and a specific group of sites—a museum building, a river landscape, and a university campus. The results, exhibited at the Smart Museum during the summer of (...) 2000, evoke the varied scales, from the microscopic to the global, at which human actions affect the environment. This catalog documents each of the artists' projects through an array of images and words: Smart Museum Associate Curator Stephanie Smith provides an introduction and brief overviews of the three projects, each of the artists contribute statements, and photographers Susan Anderson and Tom van Eynde document—in over 100 images—the processes and projects that comprise the exhibition. (shrink)

A revelatory new theory of consciousness that returns emotions to the center of mental life. For Mark Solms, one of the boldest thinkers in contemporary neuroscience, discovering how consciousness comes about has been a lifetime's quest. Scientists consider it the "hard problem" because it seems an impossible task to understand why we feel a subjective sense of self and how it arises in the brain. Venturing into the elementary physics of life, Solms has now arrived at an astonishing answer. (...) In The Hidden Spring, he brings forward his discovery in accessible language and graspable analogies. Solms is a frank and fearless guide on an extraordinary voyage from the dawn of neuropsychology and psychoanalysis to the cutting edge of contemporary neuroscience, adhering to the medically provable. But he goes beyond other neuroscientists by paying close attention to the subjective experiences of hundreds of neurological patients, many of whom he treated, whose uncanny conversations expose much about the brain's obscure reaches. Most importantly, you will be able to recognize the workings of your own mind for what they really are, including every stray thought, pulse of emotion, and shift of attention. The Hidden Spring will profoundly alter your understanding of your own subjective experience. (shrink)

It is argued here that large-scale organization and networked computing enable new divisions of communicative work aimed at shaping the content, direction, and outcomes of societal conversations. The challenge for argumentation theory and practice lies in attending to these new divisions of communicative work in constituting contemporary argumentative realities. Goffman’s conceptualization of participation frameworks and production formats are applied to articulate the communicative work of organizations afforded by networked computing that invents and innovates argument in all of its senses—as product, (...) process, and procedure. Communicative work, however, may be scaffolding argumentative contexts and practices that are quite different than what has constituted past argumentative realities. The computerization of argument happens as organizations invent and innovate argument practice relative to the demands and opportunities of interorganizational communication. The cases and examples examined here suggest that argument practice is evolving around the logic of conversation and the principle of personalization. The analysis challenges argumentation theory to seriously engage with the construction of communicative contexts and the realization of ideas about disagreement management in organizational practice and information infrastructures. Directions for integrating insights from a design perspective on argument with insights from organizational and information systems theory are proposed for coming to terms with an era of large-scale organization and computerization, in particular the evolution of argument practice, the inscription of argument in the built environment, and the absorption of socio-cultural argument practices by organizations and computation. (shrink)

We usually consider literary thinking to be peripheral and dispensable, an activity for specialists: poets, prophets, lunatics, and babysitters. Certainly we do not think it is the basis of the mind. We think of stories and parables from Aesop's Fables or The Thousand and One Nights, for example, as exotic tales set in strange lands, with spectacular images, talking animals, and fantastic plots--wonderful entertainments, often insightful, but well removed from logic and science, and entirely foreign to the world of everyday (...) thought. But Mark Turner argues that this common wisdom is wrong. The literary mind--the mind of stories and parables--is not peripheral but basic to thought. Story is the central principle of our experience and knowledge. Parable--the projection of story to give meaning to new encounters--is the indispensable tool of everyday reason. Literary thought makes everyday thought possible. This book makes the revolutionary claim that the basic issue for cognitive science is the nature of literary thinking. In The Literary Mind, Turner ranges from the tools of modern linguistics, to the recent work of neuroscientists such as Antonio Damasio and Gerald Edelman, to literary masterpieces by Homer, Dante, Shakespeare, and Proust, as he explains how story and projection--and their powerful combination in parable--are fundamental to everyday thought. In simple and traditional English, he reveals how we use parable to understand space and time, to grasp what it means to be located in space and time, and to conceive of ourselves, other selves, other lives, and other viewpoints. He explains the role of parable in reasoning, in categorizing, and in solving problems. He develops a powerful model of conceptual construction and, in a far-reaching final chapter, extends it to a new conception of the origin of language that contradicts proposals by such thinkers as Noam Chomsky and Steven Pinker. Turner argues that story, projection, and parable precede grammar, that language follows from these mental capacities as a consequence. Language, he concludes, is the child of the literary mind. Offering major revisions to our understanding of thought, conceptual activity, and the origin and nature of language, The Literary Mind presents a unified theory of central problems in cognitive science, linguistics, neuroscience, psychology, and philosophy. It gives new and unexpected answers to classic questions about knowledge, creativity, understanding, reason, and invention. (shrink)

Batterman and Rice ([2014]) argue that minimal models possess explanatory power that cannot be captured by what they call ‘common features’ approaches to explanation. Minimal models are explanatory, according to Batterman and Rice, not in virtue of accurately representing relevant features, but in virtue of answering three questions that provide a ‘story about why large classes of features are irrelevant to the explanandum phenomenon’ ([2014], p. 356). In this article, I argue, first, that a method (the renormalization group) they propose (...) to answer the three questions cannot answer them, at least not by itself. Second, I argue that answers to the three questions are unnecessary to account for the explanatoriness of their minimal models. Finally, I argue that a common features account, what I call the ‘generalized ontic conception of explanation’, can capture the explanatoriness of minimal models. (shrink)

Men on both sides of the science-humanities barrier feel an urgent need for mutual understanding. This symposium sponsored by the American Council of Learned Societies, stressed that it is only in a spirit of disinterested yet sincere evaluation that science and humanism can escape disastrous consequences in the future.

In lieu of an abstract, here is a brief excerpt of the content:176 HISTORY OF PHILOSOPHY to be accounted for in some way. Goldsmith takes no cognizance of these categorical statements. Secondly, there is no support for Goldsmith's conclusion to be found in Hobbes's comment at the end of De Corpore. A cursory reading of the passage makes it clear that the comments concerning other hypotheses refer only to Part IV of De Corpore and not to the whole system as (...) Goldsmith suggests. Indeed the earlier parts are said to comprise the "theorems" of the systems, and the only way Hobbes suggests they might be found corrigible is if a mistake in deduction has occurred. Finally, Goldsmith pays insufficient attention to Hobbes's account of the process of analysis and sometimes seems to confuse it with the imaginary annihilation of the world which Hobbes uses as an expository device in expounding his concept of space. As Hobbes describes the process it begins with a phenomenal whole which is subjected to continued conceptual analysis until unanalyzable elements are reached. These logically primitive notions are referred to by Hobbes as "the most universal things" and as "first principles" which are "manifest of themselves" or "known to nature" (E. W. I, 69), all of which strongly suggests that they are coguized and not simply posited. Goldsmith mentions these descriptions of Hobbes's first principles in Chapter I, but presents no arguments to justify his abandoning them in favor of "suppositions or assumptions." When Goldsmith moves to Hobbes's political theory, he is on much firmer ground. The sections concerning human nature and natural law are generally excellent, particularly the account in Chapter IV of the relations between the various laws of nature. The treatment throughout this part of the book is exhaustive, although the point of some extended discussions is not very clear. There is a long discursive section in Chapter v on contraetarian thought which seems quite unrelated to anything it follows or precedes. And there are some curious allotments of emphasis. While Hobbes's "economic policy," which is a peripheral matter, is given a section to itself, the concept of obligation, which has been the focus of so much dispute in recent years and which is a central concern, is dealt with only by implication and in passing. In general Goldsmith accepts the traditional interpretation which sees the laws of nature as primarily prudential precepts found out by reason. These precepts are said to be like the "laws" of physics with respect to man's behavior in that they indicate regularities about the world which are ignored at one's own risk. Goldsmith suggests that the possible knowledge of God as a first cause serves only to reinforce man's awareness of the total causal nexus. The laws of nature are, properly speaking, laws only when they become civil regulations under the authority of a sovereign. The final chapter of the book attempts to assess the success of Hobbes's endeavor to create a science of politics by the "test" of its ability to explain the political phenomena of law, religion, and history. This is followed by eight appendices in which various disputes with other interpreters are briefly argued. The book contains an adequate index and a selected bibliography. There is a mistake on page 16, where the reference to De Corpore, Part I, should read Part II. PAUL J. JOHNSON California State College at San Bernardino Jean Chapelain, soixante-dix-sept lettres inddites ~ Nicolas Heinsius. Publi~es...avec une introduction et des notes par Bernard Bray. (La Haye: Martinus Nijhoff, 1966. Pp. wii -t- 467. --~ Archives Internationales d'Histoire des Id~s, 13.) A reviewer must admit at once that Jean Chapelain was no philosopher, that his letters have few general ideas, that a collection of them possesses no a priori right to be reviewed in a journal devoted to the history of philosophy. However, the present volume, edited and annotated by a member of the staff of the University of Utrecht, doctor of letters of BOOK REVIEWS 177 Amsterdam, appears in the series of the International Archives of the History of Ideas, published under the direction of P. Dibon of Nijmegen and R. Popkin of the University of California... (shrink)

Bringing together the latest scientific advances and some of the most enduring subtle philosophical puzzles and problems, this book collects original historical and contemporary sources to explore the wide range of issues surrounding the nature of life. Selections ranging from Aristotle and Descartes to Sagan and Dawkins are organised around four broad themes covering classical discussions of life, the origins and extent of natural life, contemporary artificial life creations and the definition and meaning of 'life' in its most general form. (...) Each section is preceded by an extensive introduction connecting the various ideas discussed in individual chapters and providing helpful background material for understanding them. With its interdisciplinary perspective, this fascinating collection is essential reading for scientists and philosophers interested in astrobiology, synthetic biology and the philosophy of life. (shrink)